Antonia Ridley-Hughes and Cecily Hayton from the Private Client Advisory team at Birketts LLP examine the proposed changes to lasting powers of attorney, and the issues a more modern, digital system could present to some older and vulnerable people.
The Powers of Attorney Act 2023, which received Royal Assent on 18 September 2023, introduced a significant change by allowing chartered legal executives to certify powers of attorney. The remainder of the act is expected to come into force in early 2026, following the introduction of supporting regulations.
We anticipate significant reforms aimed at refining and upgrading the process of preparing a lasting power of attorney (LPA). These proposed reforms aim to create a more efficient and secure system, supported by identity checks, clearer roles, and enhanced digital services.
Drivers for change
The Office of the Public Guardian (OPG) has faced mounting challenges, including backlogs and long registration times. These delays are caused by staff retention issues, a paper-heavy process, and the burden of managing a large register. The proposed reforms aim to create a more streamlined, modern service, making it easier to create LPAs, reducing errors and mitigating the risk of fraud. The recently increased registration fee (of £92) is intended to fund these improvements with a view to lowering costs long-term.
Key features
While both digital and paper applications should remain available, there is a clear push toward digitisation. Donors (or organisations acting on their behalf) will create accounts using OneLogin with two-factor authentication. The LPA will continue to be a deed, but the process will involve separate forms for donors, certificate providers, attorneys, and trust corporations, with all parties required to sign within two years.
The certificate provider is likely to play a more proactive safeguarding role in ensuring the LPA is validly executed, free from undue influence, and understood by the donor. They will be obliged to witness the donor’s signature and, if the donor cannot sign digitally, an additional witness will be required. Clearer guidance will be issued to support certificate providers in fulfilling their responsibilities.
It appears that mandatory identity checks will apply to donors and certificate providers, though not to attorneys.
From registration to objections
Only donors will be able to register an LPA, and the registration fee must be paid before other parties sign (with a strong preference for online payment rather than cheques).
The proposed reforms will introduce a digital service for requesting rectifications and notifying named individuals.
Objections will first be handled by the OPG, with appeals to the Court of Protection remaining an option.
Looking ahead
These changes promise a more efficient and secure system, but questions remain about how private client practitioners will adapt, particularly in supporting older and more vulnerable clients. Whilst the proposed digital system has clear ambitions to modernise the LPA process, there remain several practical uncertainties about how it will operate day‑to‑day.
In most cases, it is standard practice to prepare a physical draft for donors to read and approve; a process that becomes more complex if all documentation moves online. Many donors, particularly those who are less confident with technology, may not have access to a laptop or smartphone. Whilst lawyers could commence the preparation of an electronic LPA during a home visit, it is unclear how a fully digital form would be completed by the donor after their departure.
Questions also arise about the future of existing certified paper copies and whether donors (and often their attorneys) will feel comfortable providing organisations with digital access codes.
There are also significant data‑protection considerations; donors may not fully understand the technology being used on their behalf, and attorneys could potentially abuse their position by accessing or controlling an online portal that the donor is not able to monitor. Likewise, the possibility of third‑party access to the donor’s account raises further safeguarding concerns.
Although digitisation may bring cost efficiencies, it is not yet evident that it will improve donor protection. Unlike in other highly regulated areas such as conveyancing and probate, there is no requirement for a regulated professional to act as the certificate provider for an LPA.
With these issues in mind, it is reasonable to question whether the new system will genuinely streamline OPG processing times, or whether it may inadvertently introduce new administrative and safeguarding challenges.
About the authors
Antonia Ridley-Hughes qualified as a CILEx lawyer in June 2025, joining Birketts’ Private Client Advisory team in the Ipswich office shortly afterwards. She provides advice on estate and inheritance tax planning, drafts wills and lasting powers of attorney, and assists with the administration of estates. Prior to joining Birketts, Antonia worked in the French Legal Services team at Ashtons Legal LLP, where she managed a caseload of cross-border matters requiring an understanding of French inheritance laws and taxes, as well as those of the UK.
Cecily Hayton qualified as a solicitor in September 2024 and works in the Private Client Advisory team in the Ipswich office of Birketts LLP. She assists with the preparation of wills and lasting powers of attorney, as well as the administration of estates. Cecily joined the firm in September 2022 as a trainee solicitor and has completed training seats in the Private Client Advisory, Agriculture and Estates and Commercial Real Estate teams.
One Response
Seems like an open door to fraud if you ask me. Professional certificate providers will surely be replaced by Mr/s Smith next door who CAN easily witness the signature but will have zero understanding of assessing capacity or know about any undue influence.
A backlog doesn’t justify short cuts, as the police service has found out to its peril by not doing background checks on recruits!